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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Rohit Ranjan Agarwal,J.
Shiv Narayan Gupta – Appellant
Versus
Garib Chandra – Respondent
| Table of Content |
|---|
| 1. petitions challenge prior court orders regarding partition. (Para 1 , 2 , 3) |
| 2. background on family inheritance and partition suit. (Para 4 , 5 , 6) |
| 3. arguments regarding the maintainability of amendment application. (Para 8 , 9) |
| 4. response to claims about endowment deed and its implications. (Para 10 , 24) |
| 5. court's acknowledgment of ownership transfer upon endowment. (Para 11 , 12 , 13 , 14) |
| 6. legal basis for amending preliminary decrees in partition suits. (Para 15 , 16 , 19 , 20 , 21 , 22) |
| 7. final dismissal of both writ petitions. (Para 25 , 26) |
JUDGMENT :
Rohit Ranjan Agarwal, J.
1. These two writ petitions have been filed by the petitioner assailing the orders passed by the Court below after the preliminary decree was prepared on 31.10.1995 in Partition Suit No.62 of 1995 filed by plaintiff-respondent.
2. Matter under Article 227 No.4107 of 2024 assails the order dated 16.02.2024 passed by the trial Court on application 45-A2 filed in Final Decree Case No.2 of 2005 by which the application filed by plaintiff-respondent for modification of preliminary decree was allowed as well as order dated 11.03.2024 passed by District Judge, Banda in Civil Revision No.6 of 2
The court held that an amendment to a preliminary decree is permissible when new evidence emerges, emphasizing the importance of justice in partition suits.
A partition suit concludes with the final decree, and parties cannot seek modification of shares based on subsequent legislative changes after the final decree is passed.
(1) Partition suit – In a partition suit, a preliminary decree can be amended if an event transpires – There is no bar for drawing a fresh preliminary decree.(2) Religious Endowment – Once an endowme....
Modification of a preliminary decree in a partition suit is permissible under Section 6 of the Hindu Succession Act, as amended in 2005, which has retrospective effect.
Partition suit - Amendment of the plaint - Shares - In a partition suit court has [the] jurisdiction to amend shares suitably, even if preliminary decree has been passed, if some member of family to ....
A preliminary decree in a partition suit does not constitute a decree under the Andhra Pradesh Rights in Land and Pattadar Passbooks Act for mutation purposes.
Failure to appeal a preliminary decree precludes contesting its correctness in final decree appeals.
In a partition suit, the court has the power to pass a second preliminary decree if circumstances justify it, such as the death of parties or sale or loss of properties. However, this power can only ....
A preliminary decree determining shares in a partition suit is binding on parties and cannot be reopened in subsequent proceedings without statutory challenge; consent decrees operate as contracts, l....
The court confirmed that the final decree in partition suits must align with amended preliminary decrees, and decisions from probate cases are binding as res judicata, precluding re-litigation.
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